Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-09-29
A HEAVY FAILURE.
JACOB BERGER, TIKI wELL-ENOWN LEArH'
RR MERCHANT,
Makes an Assignment 10 j. v. l. Rodgers for the
Benefit Of His CredItOr-Ths
Details

the successor of the older firm of Berger &
Hoffman, had made an assignment for the
benefit of his creditors. The air had been
filled with rumors of the coming crash for
some time, and while it was hoped that
some means might be found which would
avert the calamity and keep an old estao-
lished house in existence, those who we're
best posted as to the situation felt that an
assignment was inevitable, and were not
surprised when it came. To all it caused
sincere regret, and the hope is universal
that enough may be saved from the wreck
to enable Mr.. Berger to re-engage in bust
ness.
The deed of assignment is very long,
taking up about two dozen pages OF closely
written legal cap. The matter below gwen
is merely an abstract, covering the essen
tial part of the paper.
The property conveyed by it is as fol-
lows:
Part of lot No. 81, situate at the corner
of Main street and Alley :, formerly known
as Market alley, fronting 20 feet "a inches
on Main street and running back "a
feet and 6 inches.
Also, lots 43, A and the westerly half
of lot No. as, on Zane's Island, in the
plat laid out by Henry Moore, trustee of
Ebenezer Zane, and conveyed to Jacob
Berger by D. Peck and John o. Pendleton,
special commissioners.
Also, all the right, title and interest OF
the said Jacob Berger, as one Of the devils
ors and heirs at law of Jacob Berger, de-
ceased, under the will aforesaid, being an
undivided one-tenth interest in and to any
estate of which said Jacob Berger, deceased
died seized, whether in real estate or per-
onal property, wherever the same may be
situated.
Also, all the interest of Matilda Lynn,
one of the children and devises of Jacob
Berger, deceased, under said will, which
was conveyed to the said Jacob Berger by
Matilda Lynn and S. Sprigg Lynn, by deed
dated June 5, 1876, as well as the interest
of the said Jacob Barger, in and to the
estate of William T.. Berger, deceased, either
as heir-at-law or by purchase from the said
Matilda Lynn, one Of the heirs-at.law of
the said William 7. Berger, deceased, as
set forth in the deed last aforesaid.
Also, all the stock of merchandise, con-
sisting principally of feathers, shoe. find
ings, saddlery, and saddlery hard
ware aud tanners tools and sup
plies, now contained in the place
of business of the said Jacob Berger, at
No. 1892 Main street, and also all books,
debts, books of accounts, bills receivable,
promissOry notes, contracts, debts, dues,
assets, and demands of every nature,
kind and description, of the said Jacob
Berger, wheresovever such property may
be found, and all personal property and
estate of ever description, wherever stu
ated, except such property or money as
the said Jacob Berger may be entitled to
under the laws of the State, to be used in
trust by the assignee for the following pur-
poses:
First, after taking possession OF the
property and disp0sing OF the same to the
best advantage, out OF the proceeds so OBJ
tanned he SHALL
Second, pay and discharge all the just
and reasonable expenses, costs and charges
of executing the assignment and carrying
into effect the trusts thereby created, in
Guiding the lawful commission, and $50 to
Dovener IL ElsOn for legal services in
connection with the preparation of the
deed, and shall also pay all taxes now due
and unpaid.
Third, the assignee is authorized to en-
plOy necessary agents, &c., in the usual
way.
Fourth, out of the proceeds of the prop
erty and real estate first above described,
situate at the corner Of Main street and
alley Z, the assignee is to pay a note made
by Jacob Berger for $4,000, dated July Z,
1886, and payable one year after date at
the Exchange Bank, to the order of Fannie
J.. Hughes, said note being secured by deed
of trust on the property mentioned.
Fifth, out of the proceeds of the prop
erty described is lots Nos. AZ, Al, and the
west half of No. 40, he shall pay q note
made by Jacob Berger for $1,000, payable
to the order of himself, at the Exchange
Bank, and endorsed by himself, and which
is secured by a deed OF trust, on the prop
erty mentioned. Said note is of date May
81, 1885, payable twelve months after date,
and is now held by c. Steinmetz.
Sixth, out of the proceeds of the sale OF
the lots last described, as we'll as the prop.
erty on the corner of Main streets and
Alley Z, remaining after paying the notes
above mentioned, and out of the proceeds
of the sale of the stock Of good, &c, con-
tanned in the building No. 1892 Main street,
he shall pay two prOmissory notes, dated
September -, 1857, one for $780, 80 pay
able to the order of William Keohnline,
| 1870 DAYS after date, and the other for
1868 IS, payable TO A. j. Beatty & Sons,
$50 days after date, both OF which are Sc
cured by deeds OF trust.
Seventh, Should any residue remain
from the sale of the property mentioned,
it is to be applied to the payment OF a note
for So, 500, dated May 81, 1887, due four
months after date, TO the Exchange Bank.
Said note is a joint and several note, made
by Jacob Berger, S. Sue Berger and Mrs.
G.. Berger.
Eighth, Pay a joint and several prom
issory note for 81, 900, dated July l, 1887,
due four months after date, TO the Ex-
change Bank, and signed by Jacob Berger,
S. Sue Berger, and Mrs. G. Berger.
Ninth, Pay a joint and several note
made by Jacob Berger and s. Sue Berger
for $500, dated April Is, 1887, payable six
months after date.
Tenth, Pay a note made by Jacob Rer-
ger and 8. Sue Berger, for $500, dated
September 81, 1887, payable 80 days after
date, and now held by the Bank OF the
Ohio Valley.
Eleventh, Pay a note made by Jacob
Berger and George f. Morgan, for $40,
dated June 4, 1887, payable four months
after date.
r-olab pav q note for S6 600 dated